SB40 takes effect July 1: What Albuquerque residents can request about ALPR data

Starting July 1, 2026, New Mexico’s SB40 (Driver Privacy and Safety Act) changes what Albuquerque residents can realistically request through the state’s Inspection of Public Records Act (IPRA) when the records are about automated license plate reader technology.

The headline: SB40 treats “automated license plate reader information” as confidential and not considered a public record for IPRA purposes. In practice, that means IPRA requests seeking ALPR scan/data-level information should expect denials or withholding once the law takes effect.

What SB40 counts as “automated license plate reader information”

SB40 defines automated license plate reader information as information gathered by an ALPR (or created from analysis of ALPR-generated data), but it excludes information used for the purpose of auditing an ALPR. So the confidentiality rule is targeted at the ALPR-derived information—not necessarily every document that might mention an ALPR-related event.

Why Albuquerque IPRA requests may change right away

Under the SB40 confidentiality rule, city departments reviewing an IPRA request for ALPR information are on notice that the law removes that category from IPRA’s ordinary inspection-and-disclosure pathway. That means you may need to adjust your expectations if your request is essentially asking for ALPR scan/data-level materials.

Still, SB40 does not automatically mean that every incident report or every document around a traffic or public-safety matter becomes secret. But if an agency determines the responsive records fall within SB40’s definition of automated license plate reader information, the IPRA route is likely to be blocked.

What residents may still be able to track: required DPS reporting

SB40 builds a different transparency path at the state level. It requires ALPR-using law enforcement agencies to report to the New Mexico Department of Public Safety (DPS) by April 1 of each year regarding the preceding calendar year.

SB40 also requires DPS to aggregate that reporting and make it publicly available by July 1 each year. So while ALPR scan-level information may not be accessible through IPRA, residents may still be able to follow the high-level statewide reporting DPS publishes on an annual cycle.

Limits on release—and the court-order pathway

SB40 also restricts how ALPR information can be shared. For privately captured ALPR information, SB40 says it may be sold, shared, transferred, or released only with the express consent of the private entity or pursuant to a valid court order.

So for anyone trying to obtain ALPR information related to a specific incident, SB40 indicates a more narrow, case-linked disclosure pathway—rather than an assumption that broad IPRA requests will produce ALPR scan/data-level results.

What to do next (practical checklist)

• If your IPRA request is for ALPR scan/data-level records: file with the expectation that SB40 confidentiality may be cited and the request may be denied or narrowed.
• If you’re seeking records about an incident: consider tailoring requests toward documents that are outside SB40’s definition of “automated license plate reader information.”
• Watch for DPS’s annual publication: SB40’s cycle points to reporting by April 1 and public aggregation by July 1 each year.
• For case-specific needs: if ALPR information is central, be prepared that SB40’s release rules may turn on express consent or a valid court order.

If you’ve been using IPRA to look for ALPR-related materials, the shift at July 1, 2026 is the key change to understand: SB40 reorganizes ALPR information as confidential under IPRA, even as state-level reporting obligations aim to keep an annual public accountability window open.

Sources

• New Mexico Legislature — SB 40 final text (Driver Privacy and Safety Act, Ch. 20) PDF
• City of Albuquerque — Public Records / IPRA request info page
• New Mexico Regulation and Licensing Department (RLD) — IPRA overview